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Vancouver Family Law Blog

No-fault divorce is advantageous for abuse victims

Divorce happens for a number of reasons. Some couples choose to split because they no longer love one another, others dissolve the marriage because of adultery. While there are plenty of other reasons that a divorce may happen, there is the possibility of abuse. This may be the most tragic reason for a couple to get a divorce because it often means that the victim has been dealing with the abuse--be it physical or emotional--for a considerable amount of time.

One of the major reasons that no-fault divorce laws were enacted in states such as Washington was to help victims of domestic violence escape their unhealthy relationships. This type of law first came about in the 1960s and 1970s and while it helps abused individuals free themselves, it also helps unhappy people free themselves. Many proponents of no-fault divorce believe that the ease of getting a divorce makes people more concerned about the marriages because a spouse can file the paperwork at anytime without needing a reason. Opponents say that this is what caused the national divorce rate to jump.

Credit reforms help divorcing spouses

Good news for divorcing stay-at-home parents who have experienced difficulty in obtaining lines of credit: New legislation will allow credit bureaus to use income and assets of a spouse or partner to determine one's eligibility for credit cards. For those going through divorce, the news could not have come soon enough; provisions in existing legislation had prevented many divorcées from accessing the financial resources they needed.

Experts blame the Credit Card Accountability, Responsibility and Disclosure Act for unintentionally limiting access to credit among stay-at-home spouses. The act, designed to prevent vulnerable populations such as college students from getting into serious financial straits, effectively blocked homemakers from obtaining credit. At-home spouses who would have previously been eligible for cards because of household income were therefore left with few options, particularly after a breakup. Many of these spouses were women who found themselves vulnerable to financial problems due to a lack of credit.

How will the business be affected by divorce?

Some people in Vancouver, Washington, go into divorce seeking the utter destruction of their former spouses. Others go in with the hopes that the matter will not take up too many resources and that they will be freed from the chains that their married lives created. Situations surrounding divorce vary from case to case and because of this, it is widely considered a smart move when divorcing individuals ask for the assistance of an attorney.

There are a number of questions that people will ask during a divorce. These questions can be answered by the attorney you have chosen to help represent you. For instance, some spouses have small businesses that they own. They may have started the business from scratch or purchased it from another individual. Regardless of how they came into ownership of the company, it likely generates income or debt depending on its success. Many people married to business owners see the income from the business mixed in with the marital property, turning the business itself into marital property in the eyes of some courts.

Federal cuts hurt domestic violence programs even more

Families in Vancouver, Washington, may be more affected by the sequestration cuts than they like to think, particularly when it comes to domestic violence. Domestic abuse affects a number of people in Washington and the U.S. every day and some are arguing that this does not matter to the federal government as many advocacy programs are losing funding.

The sequestration cuts come after the reauthorization of the Violence Against Women Act was stalled, thus negating the ground that was regained when the act was signed into law once more earlier this year. Now, many of the services that domestic violence victims rely on will be unable to serve the same number of people that they have been serving. But this is not new news. Such programs have been fighting against shrinking funding for some time now, caused by other governmental cuts as well as tighter wallets on individuals who would normally donate to such causes due to the recession.

Domestic violence and guns: a lethal mix

Federal law mandates that any person of an order of protection surrender any firearms, even if they are legally held. Even though this law exists, it is rarely applied in any state, even Washington, leaving victims of domestic violence at risk for physical injury or death.

Authorities report that new efforts in neighboring California may bring a useful solution to this problem, however. San Mateo County is using a federal grant to find and confiscate weapons held by domestic violence offenders. In just one year, the department was able to collect more than 300 weapons. Also, this is the third year that the county has not experienced a gun-related domestic violence murder.

Prenups aren't just for the rich anymore

Prenuptial agreements have traditionally been exclusive to wealthy couples. Still, divorce experts argue that many couples in all socio--economic situations could benefit from the development of a prenuptial. Even if you do not have significant financial assets before entering into a marriage, you should consider protecting your future earnings and debts. Even though the idea of a prenuptial agreement may not mesh with your idea of wedded bliss, they could protect you from financial and legal problems in the future.

Prenuptials are largely designed to protect your earnings after you enter into your marriage. Imagine that you have just started a law practice after saying “I do"; at that point, you may not have very many personal assets, but you will accumulate them as your business continues to thrive. If you expect to take over a family business, or if you currently own your own business, a prenuptial agreement could protect those assets enough to keep them financially solvent even after a split.

The emotions that come with divorce could cost you

The emotions that appear during a divorce may surprise the spouses that are involved. Few in Washington expect to feel the way they do when they enter the courtroom and see their spouses on the other side, ready to do battle. One of the more contentious areas of divorce is child custody and it has seen its fair share of parental outbursts.

Child custody is an extremely important matter because it determines the future parental roles of the divorcing spouses. Those that choose to pursue it without wrangling their emotions first are not likely to receive the determination they want. This is where attorneys do the majority of their work.

Mediation: The low-cost court alternative

Children of divorce are obviously affected by the ramifications of a family split. Despite every parent's best efforts to smooth the transition, at least a small amount of emotional stress is likely to occur when negotiating child custody. Now, a new service has become available for residents of Vancouver, Washington as parenting-plan mediation services are becoming more prominent.

Industry experts say there has long been a gap in services for people seeking to use collaborative methods to develop comprehensive child custody plans. Nonprofit groups throughout the city are now providing negotiating support for parents who are attempting to determine where children will live, how often they'll transfer between guardians and when grandparents are allowed to visit.

The costs that come with divorce

There are a number of ways that divorce can affect the financial stability of spouses that are looking to dissolve their marriages. Many people in Clark, Washington, understood this, but did not have a full grasp of it until it was too late. This is why people should be aware of what happens during divorce and how these things can affect an individual in the long run. One of the major costs of divorce comes in the form of child support, the payment that is made by the noncustodial parent to the custodial parent.

Unlike alimony, child support is often not based largely on the different incomes of the parents. Instead, it is based on who gets custody and who does not. In order to contribute to the raising of the child, support is paid in monthly payments. But many people do not realize how quickly these can add up or how suddenly a change in income can make a noncustodial parent incapable of paying. When a parent's payments become delinquent, things can go bad. The state may be able to withhold payments from a delinquent parent's paychecks or intercept income tax returns.

I'm divorced; now what about my retirement?

Those that have gone through a divorce may not be able to agree on the hardest part of the process. It could be the marriage before the divorce was filed, the actual divorce process itself, or then again, it could be after the divorce is finalized when you are uncertain of what the future holds. All of these moments-beginning, middle, and end-are hard for some people and many need advice during all three, something that an attorney can certainly help with.

Imagine that you've made it through the divorce. The road was rough and the split cost you thousands of dollars. Your kids were grown and out of the house so child custody and child support were not important. The important part of your split was the way that property was divided. You've received $250,000; the home you once shared, along with its mortgage; and several other pieces of property that you cherished.

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